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that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these relationships are lesser. i think we've evolved to a point this country where we accept gay and lesbian people as equal and say their relationships in the federal law are lesser than we're saying they're lesser. >> how it fits with the immigration debate as well. >> certainly. it's presently worth noting that bill clinton should maybe take a page from the joe biden playbook because he after all is the person we have to thank -- >> the joe biden playbook. >> and taking a page from it. >> thank you to ari, joy and frank for joining me today. that is all for us here at "now." see you back tomorrow at noon eastern, 9:00 a.m. pa
that's a big step. >> you can decide as the obama administration has not to defend doma. there's still consequences to doma being on the book and reasons why it has to go away. >> absolutely. >> if you are a same-sex couple and married it in one of the states you're now legally married and one dies you face estate tax situations. >> yeah. >> that a heterosexual couple doesn't. every time you file federal taxes you are treated differently. it says these...
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Dec 9, 2012
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let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. i
let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're...
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Dec 10, 2012
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if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is struck down, the people who are married in states that allow it will get full federal recognition. >> which is over more than 1,000 federal benefits that go along with that. >> it's very important. it would be very significant. >> jonathan, we talk about prop 8 in california. if that is struck down, does that mean marriage equality then for all intents and purposes is legal in all states? does what happens in california then change the relevance for 49 other states? >> well, this all gets to how the supreme court rules. you know, i think it was the ninth circuit -- the ninth circuit cour
if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is...
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there was a debate about doma, about striking doma from the platform. those who fought for it tended to be much older in that demographic. the younger the republican, the younger the conservative, the younger the libertarian, the chances are they're either agnostic or their fully -- >> you're getting into it much faster than i want to. we're going to go to blows. here it is, the language on gay marriage. it's not just against doma. quote, we reaffirm our support for a constitutional amendment defining marriage as the union of one man and one woman. we aflawed the citizens of the majority of states which have enshrined in their constitutions the traditional concept of marriage, and we support the campaigns under way in several other states to do so. and take a look at what the republican candidate mitt romney said back in may about his opposition to not only gay marriage, but even civil unions. let's watch. >> i think people have differing views on marriage, and i respect people's different views. when i served as governor of my state, this issue arose,
there was a debate about doma, about striking doma from the platform. those who fought for it tended to be much older in that demographic. the younger the republican, the younger the conservative, the younger the libertarian, the chances are they're either agnostic or their fully -- >> you're getting into it much faster than i want to. we're going to go to blows. here it is, the language on gay marriage. it's not just against doma. quote, we reaffirm our support for a constitutional...
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doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history of marriage, the federal government has always deferred to state definitions of marriage. let me give you an example. some states allow first cousins to marry, others don't because of prohibitions, incest concerns and things like that. whatever the state definitions are, the federal government has always followed the state definition. if a state says they're married, the federal government says for the purposes of benefits they're married. in 1996, the defense of marriage act departed from that practice and said the federal gover
doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history...
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Dec 10, 2012
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or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to the 1996 supreme court case when the colorado voters had amended their constitution and it was a case rommer versus evans in which the voters had taken away ability for any city in colorado to have a non-discrimination policy based upon sexual orientation. the court there had said you can't take away people's rights to enter the system. >> bill: the court could say it's up to the states? >> the court could say you can't take away rights. >> bill: uh-huh. >> you have already granted. that would only impact the state of california. but they could also say that the 14th amendment to the constitution guarantees fundamental rights
or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to...
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Dec 8, 2012
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. up high! ok. don't you have any usefull apps on that thing? who do you think i am, quicken loans? ♪ at quicken loans, our amazingly useful mortgage calculator app allows you to quickly calculate your mortgage payment based on today's incredibly low interest rates... right from your iphone or android smartphone. one more way quicken loans is engineered to amaze. ♪ home of the legendary grand prix circuit. the perfect place to bring the all-new cadillac ats to test the 2.0-liter turbo engine. [ engine revs ] ♪ [ derek ] 272 horsepower. the lightest i
the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express...
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recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the most powerful justice is likely to determine the outcome. this is like the guessing game as to what is kennedy going to do. because he had obviously the things everybody talks about two really favorable gay rights rulings then he has other legal views that might conflict with this. do we have his cell phone number? could i give him a call? >> sure. >> stephanie: what you thinking about? what you doing? why are you so distant? you know what i started hoping over the weekend that all of the justices have a gay something. relative friends somebody they really
recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...